Research On The Problems And Improvement Of The Interpretation System Of Hong Kong Basic Law

The Hong Kong Basic Law was formulated in accordance with the Constitution of the People's Republic of China to protect the country's implementation of Hong Kong's basic policies,but in the context of the “one country,two systems”policy,the Basic Law retains Hong Kong's original legal system based on the common law system.Therefore,the basic law has both the background of the socialist legal system with Chinese characteristics and the background of common law,and the interaction and coordination between the two is an important issue in the implementation.In the more than two decades since the implementation of the Basic Law,there has been the most controversy over the interpretation of the Hong Kong Basic Law.The Hong Kong Basic Law interpretation system is an important way for the central government to monitor the rule of law in Hong Kong.In addition,it's indispensable for the implementation and maintenance of the Basic Law,and it is critical to Hong Kong ‘s constitution order.Together with the Constitution,the Hong Kong Basic Law forms the constitutional basic of the Hong Kong Special Administrative Region.It is the core of the interpretation system of Hong Kong Basic Law.The correct implementation of the Hong Kong Basic Law interpretation system is based on the correct understanding of the nature of the Hong Kong Basic Law and an accurate grasp of the relationship between the Central Government and the Hong Kong Special Administration Region.It is clear that the only source of Hong Kong's high degree of autonomy is that the central authority,which is the foundation for solving the disputes about implementation of the Hong Kong Basic Law interpretation system in practice.The interpretation system of the Hong Kong Basic Law is a comprehensive concept,including the concept of the subject of interpretation and the allocation of interpretation power in the Constitution and Basic Law theory,as well as the concept of interpretation practice,such as the subject of interpretation,the procedure of interpretation,and the choice of interpretation methods.Judging from the provision of the interpretation system of the Basic Law stipulated in the existing text,there are logical inadequacies and loopholes in its meaning.As a restrictive legal document,the Hong Kong Basic Law is principled and general,and uncertainty about the interpretation clauses is inevitable.For example,if the source of the power of interpretation is unclear,the content of the interpretation is unclear,and the terms of reference of the statutory interpreters(National People's Congress and the courts of the Hong Kong Special Administrative Region)are not specific.The uncertainty of these theoretical provisions is one of the problems with the interpretation system.According to the characteristics of the case law of the Hong Kong,combined with case law and related interpretation practice,it was found that thetheory and practice of the subject of the interpretation were misplaced,the validity of the interpretation was difficult to protect,the lack of interpretation procedures and the abuse of unconstitutional review power explained the basic law of Hong Kong,which explains another aspect of the system's problem.Regarding the shortcomings in various links in theory and practice,we propose targeted improvement directions:from the increase of the subject of interpretation and the improvement of the interpretation process to achieve the refinement of the basic law,grasping the theoretical basis of the power of interpretation from the central authority,and strengthening The Standing Committee of the National People's Congress has the final power of interpretation of the Basic Law,clearly distinguishing between the “constitutional review power”and the power of interpretation,to avoid the abuse of the so-called“constitutional review power”in Hong Kong,to strengthen the communication and coordination of interpretation of the two places and to enhance the national identity of the Hong Kong community.The ultimate goal of the study and improvement of the interpretation of the Hong Kong Basic Law is,of course,to fully and accurately implement the “one country,two systems”policy,grasp the central government's full power to govern Hong Kong,and the relationship with the high degree of autonomy of the Hong Kong Special Administration Region.